Pub. L. 85-608, tit. III, sec. 301

Sec. 301. Section 1 of the Federal Employees’ Compensation Act (39 Stat. 742), as amended, is amended to read as follows: “That (a) the United States shall pay compensation as hereinafter specified for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, but no compensation shall be paid if the injury or death is caused by willful misconduct of the employee or by the employee’s intention to bring about the injury or death of himself or of another, or if intoxication of the injured employee is the proximate cause of the injury or death. “(b) In any case where an employee within the coverage of this Act or any extension thereof, who is employed outside of the continental United States or in Alaska or in the Canal Zone, suffers disability or death from a war-risk hazard, or suffers disability or death during or as a result of capture, detention, or other restraint by a hostile force or person, his disability or death shall in the administration of this Act be deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability, or disability resulting in death, occurred or when he was taken by the hostile force or person. This subsection shall not apply to any person (1) whose residence is at or in the vicinity of the place of his employment, and (2) who was not living there solely by virtue of the exigencies of his employment, unless the person was injured or was taken while he was engaged in the course of his employment, or (3) who is a prisoner of war or a protected person under the Geneva Conventions of 1949 and who is detained or utilized by the United States. 72 Stat. 539Nothing contained in this subsection shall affect the payment of compensation under entitlement of this Act derived otherwise than by reason of this subsection, but compensation for disability or death shall not accrue for any period of time for which pay, other benefit, or gratuity from the United States on account of detention by the enemy, or by reason of the same disability or death, accrues to the disabled person or his dependents, unless such pay, benefit, or gratuity is refunded or renounced.”